Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1887-04-30
DEFINING THE LAW.
What Judge T. M. Cooley says in answer to
Inquiries.
WHAT rHE LAW REQUIRES.

us by every mail, that the impression is
generally prevalent that this Commits
sion has power to conslrue, interpret
and apply the law, by preliminary
judgment. We are continually APP
pealed to for decisions in advance as to
whether common carriers, said to be
willing to adopt certain methods OF
dealing with respect to interstate COM
merce, can do so without subjecting
themselves to the penalties denounced
by the statute for violating its provis-
ions.
"a careful reading OF the act to
regulate commerce, under which this
Commission is organized, will show to
the petitioners and others who have
made similar applications that no
jurisdiction has been given us 10 an
swer questions like those under consd-
erations. An expression Of our opinion
upon these subjects at this time, being
neither duty imposed nor power
conferred by the statute, would carry
with it no judicial efficacy or sanction /;
in fact, would be no more useful to the
public or the carriers than the opinion
of other men upon the same points.
"Two sections OF the law confer
power upon the Commission to enter
tain and decide applications and petit
tons. Section 4 empowers us, upon
application BY common carrier, to
authorize such common carrier in
special cases to charge less for longer
than for shorter distances, over the
same line; and also to perscribe the
extent of relief from the operation OF
the former part Of the same section
which a designated common carrier
may from time to time ENJOY. A large
number of petitions have been filed un-
der this section, the consideration OF
which is at this time engaging the at
tention of the Commission, and moth
ing said in this opinion is to be treated
as in any manner bearing thereon
1t is obvious that to applications like
those OF the railway conductors and the
Traders and Travellers Union have nc
relation whatever to the duties imposed
upon us by Section 4. And this is the
only section Of the law which the Com
mission has power to suspend or relax
"Section IS authorizes complaints tc
the Commission, and confers jurisdic.
ton to entertain the same 1t provides
that any person complaining OF any
thing done, or omitted to be done, by
any common carrier, subject to the pro
visions Of this act, IN contraveRti0n Of III,
provisions thereof, may apply to sale
Commission by petition, which shal
briefly state the facts, notice and oppor
tunity for answer having been given,
unless satisfaction is made and investi
cation is required. Upon such an in
vestigation the Commission will neces
sarily entertain the consideration of thu
question whether the conduct com
planned Of is or not in contravention o
the provision of the law; and if 1t 81
adjudges. it is authorized to issue no
tice enjoining the carrier from furthe
violation of the law, and to aware
reparation for the injury done or both
But neither the railway conductors no
Traders and Travellers Union com
plain that any common carrier ha
violated the law. On the contrary
they both aver that the railroad com
panies do not now violate the law, an,
do not wish to do so. The conductor
say that they fear they will not receiv
passes as heretofore, and the trader
and travellers say that they fear com
mercial travellers will not be allowe,
free transportation for $50 pounds c
extra baggage, as was allowed last veaI
Thay ,1raoopt M onp,ploipt of oputb; =,
done or omitted in contravention {
the provisions of the law. II railroa
company should issue pass to a cor
ductor and his family to attend tn
approaching convention, or shoul
transport three hundred pounds {
baggage free for commercial traveller
under the registry and indemnity sy,
tenn, and some person feeling aggrieveC
should make complaint OF unjust dis
elimination, it would then be prope
for the Commission to entertain th
question OF whether such conduct Wa
or was not in violation Of the law; ant
If SO, whether it was or was not with
the exceptions stated within Section 2:
Complaints may also be presented
the charges made by the carriers al
not considered reasonable and just.
J OPINIONS OF NO VALUE.
"But, until questions of this kin
come before us in the way clearly ind
Gated by the statute, it would be worl
than useless for US to express opinion
or give advice. We should not on
lay ourselves justly open to the chars
Of assuming unwarranted authority, bI
nl,o.,ll nlao rn,, 1rrnnt ,.inlr Of Iruoluir n